A workers' compensation judge and the Workers' Compensation Appeals Board do not have jurisdiction to answer the constitutional question of whether an employer may take an offset against an injured worker's pension benefits, according to a Commonwealth Court of Pennsylvania ruling.In a published decision issued in Werkheiser v. WCAB, No. 886 C.D. 2007, 5/19/08, the Commonwealth Court ruled that a workers' compensation judge and the board did not possess jurisdiction to determine the constitutionality of Section 204(a) of the Workers' Compensation Act. The ruling was against...
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